To prohibit the use of Federal funds for abortions.

SA 2962. Mr. NELSON of Nebraska (for himself, Mr. Hatch, Mr. Casey,
Mr. Brownback, Mr. Thune, Mr. Enzi, Mr. Coburn, Mr. Johanns, Mr.
Vitter, Mr. Barrasso, Mr. Wicker, Mr. Bond, Mr. Bennett, and Mr.
Inhofe) submitted an amendment intended to be proposed to amendment SA
2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr. Dodd, and Mr.
Harkin) to the bill H.R. 3590, to amend the Internal Revenue Code of
1986 to modify the first-time homebuyers credit in the case of members
of the Armed Forces and certain other Federal employees, and for other
purposes; as follows:

Beginning on page 116, strike line 15 and all that follows
through line 15 on page 123, and insert the following:
(a) Special Rules Relating to Coverage of Abortion
Services.--
(1) In general.--Subject to paragraph (2), nothing in this
Act (or any amendment made by this Act) shall be construed to
require any health plan to provide coverage of abortion
services or to allow the Secretary or any other person or
entity implementing this Act (or amendment) to require
coverage of such services.
(2) Community health insurance option.--The Secretary may
not provide coverage of abortion services in the community
health insurance option established under section 1323,
except in the case where use of funds authorized or
appropriated by this Act is permitted for such services under
subsection (b)(1).
(3) No discrimination on the basis of provision of
abortion.--No Exchange participating health benefits plan may
discriminate against any individual health care provider or
health care facility because of its unwillingness to provide,
pay for, provide coverage of, or refer for abortions.
(b) Limitation on Abortion Funding.--
(1) In general.--No funds authorized or appropriated by
this Act (or an amendment made by this Act) may be used to
pay for any abortion or to cover any part of the costs of any
health plan that includes coverage of abortion, except in the
case where a woman suffers from a physical disorder, physical
injury, or physical illness that would, as certified by a
physician, place the woman in danger of death unless an
abortion is performed, including a life-endangering physical
condition caused by or arising from the pregnancy itself, or
unless the pregnancy is the result of an act of rape or
incest.
(2) Option to purchase separate supplemental coverage or
plan.--Nothing in this subsection shall be construed as
prohibiting any non-Federal entity (including an individual
or a State or local government) from purchasing separate
supplemental coverage for abortions for which funding is
prohibited under this subsection, or a plan that includes
such abortions, so long as--
(A) such coverage or plan is paid for entirely using only
funds not authorized or appropriated by this Act; and
(B) such coverage or plan is not purchased using--
(i) individual premium payments required for a qualified
health plan offered through the Exchange towards which a
credit is applied under section 36B of the Internal Revenue
Code of 1986; or

[[Page S12628]]

(ii) other non-Federal funds required to receive a Federal
payment, including a State's or locality's contribution of
Medicaid matching funds.
(3) Option to offer supplemental coverage or plan.--Nothing
in this subsection shall restrict any non-Federal health
insurance issuer offering a qualified health plan from
offering separate supplemental coverage for abortions for
which funding is prohibited under this subsection, or a plan
that includes such abortions, so long as--
(A) premiums for such separate supplemental coverage or
plan are paid for entirely with funds not authorized or
appropriated by this Act;
(B) administrative costs and all services offered through
such supplemental coverage or plan are paid for using only
premiums collected for such coverage or plan; and
(C) any such non-Federal health insurance issuer that
offers a qualified health plan through the Exchange that
includes coverage for abortions for which funding is
prohibited under this subsection also offers a qualified
health plan through the Exchange that is identical in every
respect except that it does not cover abortions for which
funding is prohibited under this subsection.
______